Terms and Conditions
Last Updated: 11th April 2026
Welcome to Hesti Photography (ABN: 21 602 290 642, located at Jamisontown NSW 2750) (“we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website at hestiphotograpky.com (the “Site”), including all services, digital photo purchases, and related offerings (collectively, the “Services”).
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, you must not use the Site or Services. We may update these Terms at any time, and changes will be posted on this page with the updated date. Your continued use constitutes acceptance of revisions.
1. Eligibility
You must be at least 18 years old or have parental/guardian consent to use the Services. By using the Site, you represent that you meet these requirements and have the legal capacity to enter into these Terms.
2. Account Registration
To purchase photos or access certain features, you may need to create an account. You agree to:
– Provide accurate, current information.
– Maintain the confidentiality of your login credentials.
– Notify us immediately of any unauthorized use.
We reserve the right to suspend or terminate accounts for violations of these Terms.
3. Purchasing Digital Photos
– Availability: Photos are available for purchase only if you or the photographed individual (e.g., your child) appear in them or you have appropriate permissions.
– Pricing: All prices are in Australian Dollars (AUD), inclusive of GST where applicable, and displayed on the Site. We reserve the right to change prices without notice. At this stage GST is not collected by the business.
– Payment: Payments are processed via Stripe. You authorize us to charge your payment method. All sales are final; no refunds except as required by Australian Consumer Law.
– Delivery: Digital photos are delivered via email upon successful payment. If you delete the email containing your photos, please contact us for a replacement email.
– Usage Rights: Purchased photos are for **personal, non-commercial use only**. You may print or share for private purposes (e.g., family albums, social media with privacy settings). You must not:
– Resell, redistribute, or sublicense the photos.
– Use in advertising, merchandise, or commercial products – without our permission.
– Alter or remove watermarks/metadata without permission.
We retain all copyrights and intellectual property rights in the photos.
4. Photo Consent and Privacy
– Photos depict children in public sports events (e.g., rugby league). By purchasing, you confirm you are the parent/guardian of the child or have their consent.
– We obtain event organizer consents where possible, but you are responsible for verifying permissions.
– Personal data is handled per our Privacy Policy. We comply with the Australian Privacy Principles.
5. Prohibited Conduct
You agree not to:
– Use the Site for illegal purposes.
– Upload harmful content, harass others, or infringe rights.
– Attempt to hack, scrape, or reverse-engineer the Site.
– Impersonate others or provide false information.
6. Intellectual Property
All Site content (photos, text, logos, code) is owned by us or licensors. You receive a limited, non-exclusive license for purchased photos as outlined in Section 3.
7. Disclaimers and Liability
– Availability: Services are provided “as is”. We do not guarantee uninterrupted access or error-free photos.
– No Warranties: To the fullest extent permitted by law, we disclaim all warranties, express or implied.
– Limitation of Liability: Our liability is limited to the price paid for the relevant Service. We are not liable for indirect losses (e.g., lost profits). Nothing excludes liability for gross negligence or consumer guarantees under Australian Consumer Law.
– Sports Photos: Photos capture real events; we cannot guarantee specific shots or quality due to event conditions.
8. Indemnity
You indemnify us against claims arising from your use of the Services, including breaches of consent or usage rights.
9. Termination
We may suspend/terminate access for any reason, including violations. Upon termination, your rights under these Terms end.
10. Governing Law
These Terms are governed by New South Wales law. Disputes shall be resolved in NSW courts.
11. General
– **Severability**: Invalid provisions do not affect others.
– **Waiver**: No waiver unless in writing.
– **Assignment**: We may assign; you may not.
– **Entire Agreement**: These Terms constitute the full agreement.
Contact Us
Questions? Email info@hestiphotography.com.
Australian Consumer Law Notice: You have rights under the Australian Consumer Law that cannot be excluded. For refunds or issues, contact us first.